Section 19 POCSO: Reporting of offences

Section 19 POCSO Bare Act Text

19. Reporting of offences.

(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) any person (including the child), who has apprehension that an offence under this Act is likely to be committed or has knowledge that such an offence has been committed, he shall provide such information to,—

(a) the Special Juvenile Police Unit; or

(b) the local police.

(2) Every report given under sub-section (1) shall be—

(a) ascribed an entry number and recorded in writing;

(b) be read over to the informant;

(c) shall be entered in a book to be kept by the Police Unit.

(3) Where the report under sub-section (1) is given by a child, the same shall be recorded under sub-section (2) in a simple language so that the child understands contents being recorded.

(4) In case contents are being recorded in the language not understood by the child or wherever it is deemed necessary, a translator or an interpreter, having such qualifications, experience and on payment of such fees as may be prescribed, shall be provided to the child if he fails to understand the same.

(5) Where the Special Juvenile Police Unit or local police is satisfied that the child against whom an offence has been committed is in need of care and protection, then, it shall, after recording the reasons in writing, make immediate arrangement to give him such care and protection including admitting the child into shelter home or to the nearest hospital within twenty-four hours of the report, as may be prescribed.

(6) The Special Juvenile Police Unit or local police shall, without unnecessary delay but within a period of twenty-four hours, report the matter to the Child Welfare Committee and the Special Court or where no Special Court has been designated, to the Court of Session, including need of the child for care and protection and steps taken in this regard.

(7) No person shall incur any liability, whether civil or criminal, for giving the information in good faith for the purpose of sub-section (1).

Section 19 POCSO in Simple Words

When Section 19 POCSO Applies

• Duty to report (Section 19(1) POCSO): Any person (including the child) with apprehension that a POCSO offence is likely to be committed, or knowledge that one has been committed, must provide that information to the Special Juvenile Police Unit or the local police.
• Recording the report (Section 19(2) POCSO): Every report under Section 19(1) POCSO must be given an entry number and recorded in writing, read over to the informant, and entered in a book kept by the Police Unit.
• Child informant safeguards (Section 19(3) and Section 19(4) POCSO): A report by a child must be recorded in simple language the child understands, with a qualified translator or interpreter provided if the child does not understand the language or wherever deemed necessary.
• Immediate care within 24 hours (Section 19(5) POCSO): If satisfied that the child victim needs care and protection, the police must record reasons in writing and arrange immediate care and protection, including admission to a shelter home or the nearest hospital within 24 hours of the report.
• Report to authorities within 24 hours (Section 19(6) POCSO): Without unnecessary delay and within 24 hours, the police must report the matter, the child's need for care and protection, and the steps taken to the Child Welfare Committee and the Special Court (or the Court of Session where no Special Court is designated).
• Good-faith immunity (Section 19(7) POCSO): A person who gives information in good faith for the purpose of Section 19(1) POCSO incurs no civil or criminal liability.

Example of Section 19 POCSO

FAQs on Section 19 POCSO

Sections Related to Section 19 POCSO